As many of you know, the contract with which SM has bound TVXQ is an unconscionable “slave contract.” Under the contract, the members have virtually no rights. They have no right to know the specifics of the terms that they are subjected to. They have no right to argue for themselves their rightful compensations or the musical directions they want to pursue. They also have no right to refuse the work that SM assigns them, which leads to a grueling work pace that permits only a few days of rest per year. Most egregious of all, the members are stripped of their right to escape the contract by paying fair damages, although SM retains their right to terminate the contract at will.

In August of 2009, the members of TVXQ filed for an injunction to nullify this slave contract. SM retaliated by manipulating the press to spread malicious and false rumors about TVXQ. SM also showed its disregard for both the fans and TVXQ’s personal commitment to them by blocking TVXQ from participating in a long-waited Korean concert (SM Town Live ’09).

However, now that the legal battle has continued for a few weeks, SM has unashamedly turned to squeezing every dime out of TVXQ in order to hoard the money with which to fight the members in court. In contrast to the disregard it showed to TVXQ’s Korean fans, SM has hosted a concert in China since the filing of the injunction (Shanghai in October ’09) and plans to host another one soon (Shimcheon [I think they mean Shenzhen] in November ’09). SM has also created and begun to sell its merchandise in Japan. Additionally, SM has announced that it will release several new products that market TVXQ in the next few weeks.

The three members of group TVXQ who have unfair contract dispute with their agency SM Entertainment presented at the court secretly was confirmed on last October 13th, however had failed to reach agreement with SM. Previously on October 12th, the two side had submitted a final official stand documents that have been required since early this month for review to make final decision.

At the end of July this year, 3 TVXQ members (Jaejoong, Yoochun, and Junsu) filed their disposition application to Seoul Central District Court to terminate the exclusive contract effect against SM Entertainment. Reportedly in last month on the 30th at 4 pm just before Chuseok, wearing sunglasses, the members entered hurriedly to the side entrance of the court building. They secretly received report about the trial request date and other information regarding the case was not disclosed. There was no appearance of the fans, and even most of court staffs couldn’t recognize the three members who disguised themselves just like ordinary civilians and they could move without any fuss.

On August 22nd the legal representative of the 3 members forwarded members’ thought to the court, “We found it very difficult to improve and reach our goals in this industry if we live under SM’s management with all its terms and conditions.”. It’s also reported that, “The arguments happened with SM Lee Soo Man regarding this dispute already reached our highest limit of emotion.” Meanwhile regarding the other two members who don’t participate in the legal case and still have listed activities with SM, was said, “It’s not possible to breakdown a group of 5 people who actually still want to work together.” showing their intention to keep shinning together as a group.

After the failure of past mediation between two sides, court won’t summon the 3 members any further and will make its final decision soon.